Nov. 23, 2022

Biden Administration's Proposed New Independent-Contractor Test Can Impact Your Company's Bottom Line

SPECIAL REPORT featuring analysis from Tripp Scott's Paul O. Lopez and Brittany Hynes

Companies routinely use independent contractors for special projects and isolated assignments as a way to cut down on the normal costs connected to hiring full time W-2 employees.  However, companies often misunderstand what a true independent contractor is versus a W-2 employee. 

This can place a bullseye squarely on a company’s back either through a Department of Labor (“DOL”) audit of its classification of laborers or through federal lawsuits filed under the Fair Labor Standards Act (“FLSA”) for alleged unpaid wages and overtime owed to misclassified independent contractors who are alleged to be employees.

The Biden administration’s Labor Department is looking to make it tougher to classify a worker as an independent contractor by modifying the current U.S. Department of Labor’s Wage and Hour Division (“WHD”) regulations “to be more consistent with judicial precedent and the act’s text and purpose.” Employers need to be aware of these changes and the potential impact it will have on their labor costs if fully implemented.

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Nov. 14, 2022

Tripp Scott's Ed Pozzuoli Named One of Florida Trend’s Florida 500

FORT LAUDERDALE, Fla., November 10, 2022 – Tripp Scott today announced that Ed Pozzuoli, CEO of Tripp Scott, was named one of Florida Trend’s Florida 500. He has been named to the list for the past five years.

Florida 500 is a special section of Florida Trend Magazine that highlights the 500 most influential executives in different economic sectors throughout the state. This immense, year-long research initiative by the editors of Florida Trend has resulted in a personal, engaging look at the state's most influential business leaders. 

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Nov. 9, 2022

An Unsigned Text Message May Become a Personal Guarantee—Believe It or Not

As Published in the Daily Business Review

In an unpublished decision issued on Oct. 13, the 11th Circuit Court of Appeals in Atlanta held that an unsigned text message from an individual can constitute a personal guarantee of a debt of a corporation without violating Florida’s statute of frauds and in compliance with Florida’s Electronic Signature Act.

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Oct. 31, 2022

Polls show DeSantis’ style of leadership makes his re-election all but certain

An op-ed by Tripp Scott's Ed Pozzuoli

As Published in the Miami Herald

So long as voters go to the polls, Gov. DeSantis is primed to win reelection, and in a big way. This, according to the latest Rasmussen poll. On the topline number, the recent poll confirmed what other polls have also shown, that DeSantis is up by 10%. The Rasmussen poll has DeSantis with a double-digit lead over Charlie Crist with 54% support of likely voters.

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Oct. 30, 2022

Avoiding Disputes, Litigation and Alternate Dispute Resolution

By William C. Davell

This month’s legal opinion is provided by Tripp Scott's COO Paul Lopez.

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Categories


Fresh


Biden Administration's Proposed New Independent-Contractor Test Can Impact Your Company's Bottom Line

SPECIAL REPORT featuring analysis from Tripp Scott's Paul O. Lopez and Brittany Hynes

Companies routinely use independent contractors for special projects and isolated assignments as a way to cut down on the normal costs connected to hiring full time W-2 employees.  However, companies often misunderstand what a true independent contractor is versus a W-2 employee. 

This can place a bullseye squarely on a company’s back either through a Department of Labor (“DOL”) audit of its classification of laborers or through federal lawsuits filed under the Fair Labor Standards Act (“FLSA”) for alleged unpaid wages and overtime owed to misclassified independent contractors who are alleged to be employees.

The Biden administration’s Labor Department is looking to make it tougher to classify a worker as an independent contractor by modifying the current U.S. Department of Labor’s Wage and Hour Division (“WHD”) regulations “to be more consistent with judicial precedent and the act’s text and purpose.” Employers need to be aware of these changes and the potential impact it will have on their labor costs if fully implemented.

Tripp Scott's Ed Pozzuoli Named One of Florida Trend’s Florida 500

FORT LAUDERDALE, Fla., November 10, 2022 – Tripp Scott today announced that Ed Pozzuoli, CEO of Tripp Scott, was named one of Florida Trend’s Florida 500. He has been named to the list for the past five years.

Florida 500 is a special section of Florida Trend Magazine that highlights the 500 most influential executives in different economic sectors throughout the state. This immense, year-long research initiative by the editors of Florida Trend has resulted in a personal, engaging look at the state's most influential business leaders. 

An Unsigned Text Message May Become a Personal Guarantee—Believe It or Not

As Published in the Daily Business Review

In an unpublished decision issued on Oct. 13, the 11th Circuit Court of Appeals in Atlanta held that an unsigned text message from an individual can constitute a personal guarantee of a debt of a corporation without violating Florida’s statute of frauds and in compliance with Florida’s Electronic Signature Act.

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